O.C.G.A. § 18-3-31 (2019)
Levy by officer of attachments in order received; entry of time and date of levy on attachment; levy upon land and attachment entry on docket by clerk
In all cases it shall be the duty of the officer levying attachments to levy them in the order in which they come into his hands, and it shall be his duty to enter upon the same the year, month, day, and hour on which he made the levy. Where the levy is upon land, the attachment must be entered on the execution or attachment docket by the clerk of the superior court in order to be good against third persons acting in good faith and without actual notice.
History
Ga. L. 1855-56, p. 25, § 19; Code 1863, § 3208; Code 1868, § 3219; Code 1873, § 3286; Code 1882, § 3286; Ga. L. 1892, p. 58, § 1; Civil Code 1895, § 4532; Civil Code 1910, § 5077; Code 1933, § 8-203.
History of Section. The language of this Code section is derived in part from the decision in Deveney, Hood & Co. v. Burton, 110 Ga. 56, 35 S.E. 268 (1900).
Annotations
JUDICIAL DECISIONS Omission of description of property on attachment docket. - Though entry on attachment docket respecting attachment upon land does not contain description of the property, it may not be taken advantage of by a claimant to the property who acquired the property under fraudulent circumstances. Deveney, Hood & Co. v. Burton, 110 Ga. 56, 35 S.E. 268, 1900 Ga. LEXIS 324 (1900). Nature of lien of judgment creditor; limitation of judgment’s scope. - Lien
of a judgment creditor is not a lien acquired by contract; but is given by law. The judgment creditor is not, therefore, in the position of a bona fide purchaser, and the judgment creditor’s lien extends only to property levied upon which actually belongs to the defendant in attachment. Parker v. Boyd, 208 Ga. 829, 69 S.E.2d 760, 1952 Ga. LEXIS 363 (1952).